South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION (PRESCRIBED DRUG OFFENDERS) AMENDMENT ACT 2016 (NO 37 OF 2016) - SECT 10

10—Amendment of section 34—Court may exclude property from restraining order

Section 34(1)(b)—after subparagraph (i) insert:

            (ia)         —

                        (A)         if the suspect has been convicted of the serious offence to which the restraining order relates—

        •         the suspect has not become a prescribed drug offender as a result of the conviction; or

        •         the suspect has become a prescribed drug offender as a result of the conviction, but the property was not owned by or subject to the effective control of the suspect on the conviction day for that offence or is property that should not be subject to the restraining order in accordance with section 24(5a); or

                        (B)         if the suspect has not been convicted of the serious offence to which the restraining order relates—

        •         the suspect would not become a prescribed drug offender if convicted of the offence; or

        •         the suspect would become a prescribed drug offender if convicted of the offence, but the property is not owned by or subject to the effective control of the suspect or is property that should not be subject to the restraining order in accordance with section 24(5a); and